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CA DFPI issues second modifications to proposed regulations to implement 2018 law requiring consumer-like disclosures for commercial financing

CFPB Monitor

SB 1235, codified at CA Financial Code (Code) sections 22800-22805, requires a “provider,” meaning a person who extends a specific offer of “commercial financing” as defined in Code section 22800(d) to a recipient, to give the recipient certain disclosures at the time the provider extends the offer.

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New CA Privacy Law Requires Retailers To Disclose Data Collection

PYMNTS

Retailers are rushing to achieve compliance, adding links to websites with “Do Not Sell My Info” buttons and creating signage in stores to the same effect. The law is similar to Europe’s General Data Protection Regulation (GDPR), which broadly changed the way companies in the region were allowed to deal with customer data.

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CA DFPI issues modifications to proposed regulations to implement 2018 law requiring consumer-like disclosures for commercial financing

CFPB Monitor

The California Department of Financial Protection and Innovation (DFPI) has issued modifications to its proposed regulations to implement SB 1235, the bill signed into law on September 30, 2018 that requires consumer-like disclosures to be made for certain commercial financing products, including small business loans and merchant cash advances.

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CA DFPI issues fourth modifications to proposed regulations to implement 2018 law requiring consumer-like disclosures for commercial financing

CFPB Monitor

Compliance with the new disclosure requirements is not required until the DFPI’s final regulations become effective. The small number of changes made by the DFPI in the fourth modifications suggests that the DFPI is close to finalizing its proposal.

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Risk of Derivatives – The Fall of an Index

South State Correspondent

Barings Bank, Orange County (CA), Enron, Long-Term Capital Management, and other entities misused derivatives or didn’t understand the difference between hedging and speculating. BSBY was not well received by US regulators from its inception, but the market eventually embraced SOFR over BSBY. No ISDA documents.

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CA regulator invites comments on proposed rulemaking to implement new law requiring commercial financing disclosures

CFPB Monitor

Companies providing such financing are not required to comply with the new disclosure requirements until the DBO’s final regulations become effective. The DBO’s invitation provides an important opportunity for providers of commercial financing products to engage with and educate the DBO as it develops proposed regulations.

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US Companies Scramble To Comply With Impending CA Privacy Law

PYMNTS

Once the new law takes effect, the California attorney general will overnight become one of the most powerful privacy regulators in the world,” Lindsey Tonsager, partner at global law firm Covington, told FT. Now companies are scrambling to meet the requirements by the time the law takes effect.

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